What documents are needed to buy an apartment?

Article updated: September 18, 2021
Elena GrushinaRealtor with a legal education. Work experience - 12 years

Hello. On this page I have listed the documents that are needed to purchase an apartment on the secondary market + universal instructions on how and where to get them. The list is current for 2021 and is suitable for citizens who purchase an apartment: 1) for cash (without mortgages, subsidies, etc.); 2) for a mortgage; 3) using maternity capital.

I divided the documents into mandatory and additional. Mandatory ones are those that are needed to register a purchase and sale transaction. Additional documents are needed to prepare for this transaction.

What documents are needed from the seller

Some documents can only be provided by the owner, since the buyer does not have access to them. All documents received in this way should be especially carefully checked for relevance and accuracy.

First, the buyer needs to check whether the seller has title to the property, which allows it to be freely disposed of.

The title document will show on what basis the seller acquired the property. It can be:

contract of sale;
exchange agreement;
agreement on transfer of ownership during privatization;
deed of gift upon receipt as a gift;
agreement on the division of property upon divorce of spouses;
court decision upon division of property in court;
mortgage agreement when buying a home using bank funds;
agreement for lifelong maintenance with dependents in the presence of an annuity obligation.

Depending on which document became the basis for the emergence of ownership rights, it is worth choosing a method for further inspection of the property. For example, when inheriting an apartment, you need to especially carefully check the presence of other applicants for the property; in case of shared ownership , you need to check the consent of the co-owners, etc. In the article we will consider the general case - an apartment was received under a purchase and sale agreement.

The owner's passport is needed to compare the title documents with the identity of the seller: to ensure that ownership belongs to the person with whom you are discussing the transaction. To further reduce the risk of fraud, ask to see SNILS, driver’s license and other documents - it’s difficult to fake everything at once. Also make sure that the passport is not in the database of invalid passports of the Ministry of Internal Affairs.

An extract from the house register will allow you to see whether the registered people remain in the apartment. It is worth paying particular attention to the reasons for the discharge of former residents. The certificate is valid for 5 days, so be sure to check it is up to date. Only the tenant or owner of the apartment can receive it.

An extract from the Unified State Register of Real Estate is the most important document for studying real estate before purchasing. In it you can find the address, cadastral number, technical characteristics, information about former and current owners, the presence of encumbrances and much more.

Important! The buyer himself can receive a report based on an extract from the Unified State Register. To do this, just use the USRN.Register service: enter the address or cadastral number, make a payment and in a short time receive a report based on the USRN extract by email.

This is the basic minimum of documents that you need to ask the seller for purchase. They make it possible to ensure the security of the transaction. In addition, many of them will be required when completing the purchase and sale.

In some cases, specific documents will be needed:

spouse's consent to the transaction;
guardianship permission for apartments where minors are registered;
bank consent for a transaction with a mortgaged apartment;
consent of the rentee;
confirmation of the co-owners’ refusal to buy out a share in the living space.

What do you need to ask for to complete a transaction?

ATTENTION : There is a basic set of documents that every apartment seller must have. They are needed so that the deal can officially take place. If the seller does not have one of the documents presented below, then he is obliged to prepare and receive them.

There are only 4 items in the list of required documents:

Extract from the Unified State Register for the apartment. This is the main document confirming ownership of the apartment.
Agreements that confirm the ownership of each apartment owner.
Technically a passport to an apartment.
Cadastral passport for the apartment.

Watch the video about the documents that need to be requested from the seller of the apartment:

What papers are needed to complete a purchase and sale transaction?

The set of documents consists of two parts:

Basic part - for any transaction the same set of papers is submitted, only the number of copies can change.
Additional documents are prepared in various variations, depending on the specifics of the transaction.

To avoid misunderstandings during a visit to the MFC or Rosreestr, it is better to discuss in advance with all participants in the transaction who will prepare what documents and take them to the transaction registration procedure.

The basic part of the set of documents for registering a purchase and sale transaction:

Contract of sale. A minimum of 2 copies will be required, although it is ideal to make the number of copies equal to the number of sides plus one. If the contract is certified by a notary, then you need to take one original and one copy.
Identity cards (usually passports) of the parties to the transaction, if you will submit documents in person. If the transaction will be carried out by a trusted person, then an additional power of attorney in his name and his passport will be required.
A document confirming the seller’s ownership of the transaction object - an extract from the Unified State Register of Real Estate on the existence of the right, an agreement or other document on the purchase of an apartment with a registration mark from Rosreestr.
If the seller purchased the apartment during marriage, then the notarized consent of the spouse to complete the purchase and sale will be required. Exceptions are the presence of a prenuptial agreement, a general power of attorney, or full payment for an apartment under construction before marriage. Even if the marriage is dissolved, but there was no official division of property, consent will be required.
Applications for registration of purchase and sale do not need to be prepared in advance; completed forms will be issued by an employee of the MFC or Rosreestr. All that remains is to carefully check the correctness of filling and sign them.
Receipts for payment of the state duty for state registration of rights (individuals pay 2,000 rubles) are not necessary, but without payment the transaction will not be registered, and the receipt will allow Rosreestr employees to quickly find your payment and not confuse anything.
Documents confirming payment for the purchased property - depending on the payment terms specified in the contract.

Additional paperwork when purchasing an apartment in a new building

Please note that only an apartment sold by a developer is a new building. As a result, in addition to the main registration package, several items will be added:

Power of attorney in the name of the employee of the organization who signed the purchase and sale agreement (original + copy).
A power of attorney in the name of a specialist who, on behalf of the developer, participates in the procedure for submitting documents for state registration (original + copy), as well as his passport.
Constituent, registration and permitting documents of the selling organization, including the decision of the founders to agree to conduct a major transaction.

However, all these materials are prepared by the seller, so the buyer only needs control and attentiveness at the time of paperwork.

Additional paperwork when purchasing an apartment with a mortgage

The paperwork will mainly be handled by the bank's legal department; the buyer will, rather, be required to exercise control. A typical purchase and sale transaction in connection with mortgage financing is carried out simultaneously with the conclusion of the loan (mortgage) agreement. Therefore, two transactions will have to be registered in Rosreestr at once:

Transfer of ownership to a new owner (individual). The basic set of documents and the kit when purchasing an apartment in a new building, described earlier, will be useful.
Restriction of the rights of the newly created owner to the apartment. Housing becomes the subject of collateral (collateral) for a mortgage loan.

The set of documentation will be supplemented with papers for registering mortgage obligations:

Power of attorney of the bank representative and his passport.
A document confirming payment of the state duty for registering an encumbrance in the amount of 1000 rubles for an individual (not to be confused with the state duty for transfer of ownership).
Registration statements from each party to the mortgage transaction will need to be carefully reviewed and signed.
Mortgage agreement – mortgage.
Loan agreement.
Notarized consent of the spouse to pledge common property.

Possible problems and ways to eliminate risks

The secondary housing market is an active platform for the criminal activities of fraudsters. Sometimes ordinary citizens entering into a transaction also show dishonesty. Fraudsters can completely take away the money paid for the transaction and hide from responsibility.

The most common actions of scammers:

fake documents;
double (multiple) sale of one apartment;
replacement of apartment;
sale of someone else's real estate.

Therefore, when buying a secondary car, you need to check the legal capacity of the documents very carefully.

Ordinary citizens may commit the following unscrupulous acts::

not paying money, not handing over the keys to the apartment;
do not check out, do not check out minor residents;
hide the owner's incapacity;
hide the rights of third parties to housing;
hide other problems existing in the apartment.

The mandatory conditions to avoid risks are as follows::

Documents establishing title and documents certifying rights must be submitted in originals.
All documentation must be in legal form, without damage to the text or blots.
Documentation from the BTI - no older than one year.
Cadastral certificates of encumbrance and seizure - no older than one month.
Passport – with registration and not expired. The owner can be identified from the photo in the passport.
Information about the owner on the Rosreestr website corresponds to the documents presented by the seller.
The status and legal capacity of a legal entity can be identified by its official website and the package of submitted documentation.

REFERENCE: Drawing up a contract with a notary gives him additional legal capacity, and insuring the transaction completely transfers the risks to the insurance company.

You can find out more about what you need to know when buying an apartment on the secondary housing market here.

Additional paperwork when refinancing a loan to purchase an apartment

It is not so rare that situations occur when the purchased apartment has an encumbrance. A classic example is refinancing a problem loan with another bank. In order for the borrower to get a new loan and repay the debt to the old lender, a new mortgage is issued on top of the old one. After the first loan is paid off, the old mortgage is removed and only the new one remains.

To register a new mortgage you will need:

Basic set of documents.
Additional paperwork when purchasing an apartment with a mortgage.
Written consent of the previous mortgagee (old bank) to impose an additional encumbrance - a new mortgage.

Additional paperwork when purchasing a share in an apartment

The procedure is somewhat more complicated than when purchasing an entire apartment; preparatory work is required.

It is not enough just to sign a purchase and sale agreement; it must be certified by a notary.
Written refusal of the owners of other shares of the apartment to purchase (original and copy). The document must indicate the cadastral number of the apartment, the price proposed by the owner and the payment procedure.

Owners of other shares of the apartment have a pre-emptive right to purchase the share that is the subject of the transaction. Therefore, the seller must, before selling his share to a third party, offer in writing to buy this living space to other co-owners of the apartment. He is obliged to offer conditions no worse than those on which he will actually sell his share to a third party.

If the co-owners refuse to give a written answer, then you can do without it - it is enough to provide evidence that they were offered to buy the share. It is best to send the notification through a notary, especially since the purchase and sale agreement will also have to be notarized. You can send an offer to buy a share without a notary, by mail with notification and an inventory of the investment, but this method can lead to legal disputes. If there is no response to an offer to buy a share within 30 days, this is considered a refusal.

Lawyer's answers to frequently asked questions

How to check the developer before buying an apartment?

Information about the developer must be in a single register. If the company is not there, this is a reason to be wary and refuse the deal. Also on the website of the Russian Ministry of Construction you can check new buildings for compliance with legal requirements in order to minimize risks. Before concluding a contract, it is recommended to request the documents presented above from the developer.

What documents are required when purchasing an apartment with an encumbrance?

The seller must present a mortgage agreement with the bank, as well as permission to sell or replace the borrower. If the lender requires the mortgage to be paid off before the sale, permission will not be required, but the buyer must provide an earnest money deposit equal to the amount owed.

I lost the sales contract under which I bought the apartment. Now I want to sell it. Is it possible to restore PrEP?

Yes, the contract is restored through Rosreestr. You need to apply for a duplicate. If the DCP was certified by a notary, a duplicate can be obtained from him.

What documents are needed when buying an apartment from a developer to check for bankruptcy?

The developer does not provide such documents, but you can independently check information about it through the Unified Federal Register of Bankruptcy Information. Citizens can also check for debts through the FSSP Enforcement Proceedings Data Bank.

Where can the seller obtain documents confirming that there are no debts under the DKU when selling an apartment?

Certificates are issued by the management company or HOA. For some services, they are provided by separate organizations (electricity company, water utility). Details need to be clarified in the Criminal Code; each region has different rules.

Additional paperwork when purchasing an apartment with children involved

If the purchased apartment is fully or partially owned by a minor, then the following are additionally provided:

Child's birth certificate (original).
Permission from the guardianship authority for the parent to perform actions on behalf of the child (original and copy).
Consent of the guardianship authority for the alienation of housing (original and copy).
Written consent of parents or persons equivalent to them for the acquisition of residential premises by a minor or for its alienation (original and copy). This rule applies to children aged 14 to 18 years.

If the child did not own the residential premises before the transaction to purchase an apartment, but after the transaction will receive ownership rights, then the consent of the guardianship is not required.

What papers are needed to complete a purchase and sale transaction?

The list of papers for the purpose of registering a transaction depends on its conditions - the purchase of a primary or secondary property, an agreement on the basis of the seller’s ownership rights, marital status, the presence of a child, etc. For this reason, there is a list of always mandatory documents and specific ones that will be required for each individual situation.

To complete a transaction you will always need:

An application for transfer of rights from the seller and an application for registration of a new right from the buyer. Forms and instructions for completing an application can be found on the Rosreestr website or requested on site at the registration chamber;
A receipt for payment of the state duty for registering the sale and purchase is paid and provided by the buyer. The fee is usually 1000 rubles, but in some cases it may change;
Identity proof of both the seller and the buyer;
The document that is the basis for the emergence of the seller’s property rights, we talked about their types above;
Apartment purchase and sale agreement in several copies. It must contain information about the date and place of the conclusion, passport details of the seller and the buyer, a comprehensive description of the object of the transaction, the cost of the property, consent to the sale from all interested parties, etc.;
The acceptance certificate must also be attached to the contract.

The list of documents required to register a transaction is periodically amended. Therefore, it is better to clarify the list in advance by calling the MFC or the registration chamber. For example, in some institutions the contract may be required to be provided in four rather than three copies.

Suspension of state registration of rights

If the registration process goes on as usual, then that’s where he should go. So everything is going according to plan. But it happens that the registrar, leafing through the documents handed over to him, decides to suspend registration . He has such a right. The law (Article 26, Federal Law-218) provides him with as many as 55 grounds for suspending state registration of rights. But only about a dozen of them relate to apartment purchase and sale transactions.

Suspension of registration may lead to unforeseen problems for participants in an apartment purchase and sale transaction, and create additional risk for the Seller.

Exactly what grounds may cause the registration of an apartment purchase and sale transaction to be stopped, for how long, what happens next, and how this may threaten the participants in the transaction are described in detail in a separate note (see link below).

Suspension and refusal to register ownership rights to an apartment - reasons, terms and consequences.

By the way, registration can be suspended or even terminated at the request of the parties to the transaction themselves (more on this in the same note).

In case of suspension, the registration period is interrupted. After registration is renewed (if it has not been refused), its period begins to count again.

If, as a result of the suspension, registration was refused , then the purchase and sale transaction of the apartment is considered invalid. Although in practice, the registrar rarely uses its right to refuse, preferring to suspend registration until the reasons for such suspension are eliminated.

Rosreestr online services are here.

What to do, if…? Help and support on the Rosreestr website is here. Frequently asked questions about the functioning and services of the Rosreestr portal, and contacting the portal’s technical support.

What, how, why and why? Answers on the Rosreestr website - here. Frequently asked questions about the procedure for registering rights and real estate transactions.

Notifications to citizens about registration results

If you indicate your email or mobile phone in the registration application, Rosreestr will notify the applicant by mail or SMS about the results of registration actions, including:

on the return of documents attached to the application without consideration (if there are grounds);
about refusal, suspension or successful completion of registration.

This allows you to quickly eliminate the cause of the delay in registration and not miss the deadline.

All Rosreestr notifications are sent free of charge.

What documents remain with the Seller and the Buyer after buying and selling an apartment, and what are they for?

Complaints about the actions of Rosreestr

If registration was unreasonably refused or documents for it were not accepted, if the registration period or procedure was violated, if they demanded an additional payment that should not have been made, etc., then you can file a complaint .

There is a certain procedure for complaints and it must be followed. How, to whom and where to complain about the actions of Rosreestr is detailed in paragraphs 314 – 324 of the “Regulations” (see the link to it above).

What grounds can there be for declaring an apartment purchase and sale transaction invalid?

How and where does the transaction take place?

Registration of real estate transactions is carried out by Rosreestr, or rather its local branch. It is there that the collection, processing and storage of data on real estate rights in the region is carried out. Registration is also carried out there.

You can also complete a transaction to purchase an apartment at the “My Documents” MFC. The center's employees themselves hand over the papers to the Rosreestr office, pick them up and give them to the applicants themselves. In Moscow, since 2014, only the MFC has been involved in registering such transactions.

The employee of the institution who accepted the documents issues a receipt of their receipt with a complete list, date of receipt, and case number. You can use this number to track the progress of your registration.

The standard registration period is 10-12 days. But sometimes registration is suspended or even terminated. This can be caused by both technical problems and incorrect paperwork.

Text: Elizaveta Kobrina, Natalya Petrakova

Receipt for receipt of documents for state registration

When submitting a package of documents for registration of a transaction with an apartment (both at the MFC and at the territorial offices of Rosreestr and the Cadastral Chamber), the employee accepting the documents is required to issue a receipt for receipt of documents for state registration.

This receipt contains a list of accepted documents (indicating originals and copies), the registration period is indicated, as well as the registration case number, which can be used to obtain information about the completion of registration.

The procedure for returning personal income tax when purchasing an apartment. 2 ways. List of documents.